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Frederick H. Davis

Partner

Fred represents clients in commercial and complex litigation, including class actions and intellectual property litigation.

Fred represents clients at trial and on appeal in commercial and complex litigation, including class actions, patent litigation, litigation involving privacy and data security issues, and First Amendment litigation. He also advises companies on intellectual property protection and privacy and data security.

Speaking Engagements
  • "Landmark Arkansas Cases: Johnson v. Rockwell," Judge Henry Woods American Inn of Court, February 14, 2018
Publications
  •  “Patent Litigation: Could Arkansas be Home to More Suits after TC Heartland,” THE ARKANSAS LAWYER, Fall 2018 (Author)
  • “D.C. Circuit Strikes Down and Upholds Key TCPA Interpretations by the FCC; Uncertainty Remains,” Client Alert, March 21, 2018
  • “Arkansas Supreme Court Rules Pre-Dispute Contractual Jury-Trial Waivers Unenforceable,” Client Alert, January 3, 2018
  •  “Second Circuit Holds TCPA Consent Given In Contract Cannot Be Revoked,” Arkansas Association of Defense Counsel Newsletter, January 3, 2017
Government Service
  • United States Attorney’s Office for the Western District of Arkansas in Fort Smith (law clerk)
  • Judge Robin Wynne, Arkansas Court of Appeals (law clerk, 2012)
  • Office of the General Counsel, University of Arkansas, Fayetteville (student law clerk)
Community Involvement
  • ACCESS® Group, Inc. (Board of Directors; Development Council; Co-chair, Bingo Bash, 2017)
  • Arkansas Symphony Orchestra (SHARP member)
  • Oxford American (OA Society member)

Class Actions
  • Member of team defending energy company in competing royalty class actions and mass actions representing more than 12,000 class members filed in state and federal courts, including CAFA removal, opposition to class certification, appeal of overlapping class-certification decisions, dispositive motions, and trial. 
  • In federal case, Smith v. SEECO, Inc. et al., after a two-week trial, co-counsel and firm achieved a complete defense victory, with the jury rejecting the plaintiff’s claim for $300 million in actual and punitive damages and penalties.
  • Pre-certification defense and dismissal of putative Telephone Consumer Protection Act (TCPA) class action against healthcare information, services, and technology company
  • Defended competing shareholder class actions and individual suits in state and federal court seeking to block merger transaction of publicly held client
Intellectual Property and Patent Litigation
  • Defended patent infringement action Bombardier Recreational Products and BRP U.S. Inc. v. Arctic Cat (D. Minn), including Markman and dispositive motion proceedings and post-trial protection of verdict. After a three week-trial, the jury invalidated BRP’s asserted patents.
  • Assisted with appeal brief to the Federal Circuit Court of Appeals defending a client’s $46 million patent-infringement judgment.  
  • Drafted and analyzed arguments for Markman and dispositive motions in several patent-infringement cases.
Privacy and Data Security
  • Defense of single-plaintiff TCPA claim alleging hundreds of unauthorized, automated calls against financial services and technology company, successfully compelling arbitration and achieving nominal settlement.
  • Advised industry leading data-management company on compliance with data privacy and security regulations, including requirements related to the TCPA, HIPAA, HITECH and the Affordable Care Act.
  • Represented financial services company in protecting financial information from public disclosure under the Arkansas Freedom of Information Act.
Pro Bono
  • Represented Muslim inmate in religious exercise claims under the First Amendment and RLUIPA against the Arkansas Department of Corrections. After a federal bench trial, the court found the Department’s meal-plan policy violated the federal statute and constitution by burdening Mr. Muhammad’s sincere religious belief that he keep a halal diet and consume halal meat daily and that the Department failed to show its policy was related to legitimate prison concerns.

  • Super Lawyers, Mid-South “Rising Star,” 2017-2018
  • American Society of Law, Medicine and Ethics, Health Law Student Award, 2011